- Preventative Measures
- Governmental Audits and Compliance
- Employment Litigation
- Employment Agreements
- Labor Issues and Union Avoidance
- Employee Benefits and ERISA Matters
- Business Litigation
- Construction Litigation
Day-to-day employee issues often stray from the beaten path, and difficult issues can fester into costly business disruptions if not handled properly and promptly. Schmoyer Reinhard provides counseling for employers on handling complex issues related to employee hiring, discipline, discharge, reduction in force, workforce diversity, discrimination, harassment, medical leave, labor relations, union avoidance, safety and health, unemployment, and wage and hour issues, to name a few. Our attorneys also advise and guide employers on conducting and documenting proper investigations of employee complaints and misconduct. In addition, the firm stays up-to-date on the ever-changing landscape of employment law, enabling its attorneys to identify potential concerns that might otherwise go unnoticed.
The best strategy for avoiding employment-related lawsuits or administrative complaints is to strive for an issue-free workplace. In addition to the firm’s litigation and counseling experience, Schmoyer Reinhard helps its clients endeavor to become issue-free through preventative measures such as employer training, compliance audits, and drafting and revising employer handbooks and personnel policies. Our attorneys routinely present training sessions on all aspects of labor and employment law to human resources personnel, managers and supervisors, attorneys, and other company employees. The firm also regularly utilizes its array of attorney knowledge and resources to draft employee handbooks and policies that comply not only with the law, but with the real-world demands of the workplace.
Governmental Audits and Compliance
With recent increases in enforcement budgets, employers may find themselves the target of governmental audits or investigations. These audits and investigations can cover a wide range of topics, including wage and hour issues under the Texas Payday Act or Fair Labor Standards Act (FLSA), affirmative action plans overseen by the Office of Federal Contract Compliance Program (OFCCP), and compliance with the Health Insurance Portability and Accountability Act (HIPAA) and the Uniformed Services Employment and Reemployment Rights Act (USERRA). Our attorneys at Schmoyer Reinhard are well versed in assisting and guiding employers through such audits and investigations.
When an employee inevitably brings a lawsuit or an administrative complaint, Schmoyer Reinhard will launch an aggressive, strategic, and well-informed defense. Our attorneys have a wealth of trial experience defending employers against all types of employment-related claims, including but not limited to claims arising under the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), Title VII of the Civil Rights Act (Title VII), Employee Retirement Income Security Act (ERISA), and similar state and local laws. Our attorneys are well-versed in defending against claims of breach of contract, discrimination, retaliation (including workers’ compensation retaliation), sexual harassment, class and collective actions, wrongful discharge, and wage and hour disputes. In addition to the firm’s extensive trial experience, the firm is skilled in handling all forms of alternative dispute resolution, including arbitrations and mediations.
Employment contracts, non-competes, separation agreements, and the like play a critical role in workforce planning. Our attorneys have extensive experience with the potential legal ramifications involved in utilizing and drafting executive and non-executive employment agreements, non-competition agreements, restrictive covenants, and separation agreements resulting from company hiring, workforce reductions, and mergers and acquisitions. Schmoyer Reinhard routinely reviews, revises, drafts, and counsels employers on such agreements and arrangements. In addition, when the need arises, our attorneys enforce such through communications, negotiations, or lawsuits as necessary.
Labor Issues and Union Avoidance
Labor unions and union organizing drives bring high costs and thorny issues of law and politics into an employer’s workplace. When the threat of unionization arises, Schmoyer Reinhard draws on its extensive labor law experience to help employers mount legally compliant, aggressive, and effective counter-campaigns. For employers already unionized, our attorneys turn to their expertise in collective bargaining, avoiding and responding to unfair labor practices, and handling labor arbitrations as well as effective labor relations under the National Labor Relations Act (NLRA), Labor-Management Relations Act (LMRA), and similar state and federal labor laws.
Employee Benefits and ERISA Matters
Our employee benefits experience includes advising clients in the areas of design, implementation and compliance efforts relating to all types of retirement, health and welfare benefit plans. With a unique understanding of the issues involved in the day to day administration of benefit plans and related programs, we can assist employers and plan sponsors in proactively identifying issues and addressing operational compliance matters. Having been involved in a number of corporate transactions over the years, we are also well positioned to advise our clients from the early stages of a business deal through transition. In addition, we have experience advising boards of directors and plan administrative committees as to their fiduciary duties and obligations under ERISA.
When disputes emerge in today’s business world, companies face issues on a variety of fronts, including the threat of civil litigation. At Schmoyer Reinhard, we embrace such challenges because we recognize our value to clients is our deep experience and know-how in helping solve these issues. Whether clients need counseling, mediation, arbitration, or aggressive litigation, our knowledge, skills, and resources allow us to assist our clients in developing an appropriate plan of action. Our attorneys are experienced in trying cases involving general business litigation matters, including contract disputes, trade secret litigation, bankruptcy litigation, collections, and title insurance defense.
Our construction litigation practice focuses on the representation of builders, owners, general contractors, subcontractors, and engineers on issues ranging from lien disputes and condemnation to construction defect claims. We work with experienced forensic experts to analyze problems that may arise in construction projects, including foundation and other structure failures, water intrusion, delay damages, and extra work claims. We provide day-to-day advice and counsel to parties involved in construction projects, with an eye towards resolving contract disputes without delaying work progress. Document production in construction litigation also can be a significant cost, but our experience enables us to narrow issues quickly to reduce the expense.